Land Acquisition and Compensation Plan. Lao PDR: Small Towns Water Supply and Sanitation Sector Project

Transcription

1 Land Acquisition and Compensation Plan Lao PDR: Small Towns Water Supply and Sanitation Sector Project Songkhone July 2008 Prepared by: Lao Ministry of Public Works and Transport The Land Acquisition and Compensation Plan is a document of the borrower. The views expressed herein do not necessarily represent those of the ADB Board of Directors, Management, or staff, and may be preliminary in nature.

2 DEFINITION OF TERMS Project Affected People (APs) includes any person or entity or organization affected by the Project, who, on account of the involuntary acquisition of assets in support of the implementation of the Project, would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house and buildings, land (including residential. commercial, agricultural, plantations, forest and grazing land) water resources, fish ponds, communal fishing grounds, annual or perennial crops and trees, or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost partly or totally, permanently or temporarily. Compensation payment in cash or in-kind at replacement cost for an asset to be acquired by the Project. Eligibility cut-off date is the date that a population record or census, preferably at the project identification stage, serves as an eligibility cut-off date in order to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. The cut-off date will be the date when the census for the short RP is completed. Land Acquisition is the process whereby a person is compelled by the Government through the Executing Agency of the Project to alienate all or part of the land s/he owns or possesses in favor of the State in the implementation of the Project or any of its components in return for consideration. Relocation is the physical shifting of an AP from his/her pre-project place of residence and/or business. Replacement Cost is the amount in cash or in-kind needed to replace an asset and is the value determined as compensation for: a. Agricultural land and fishpond based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent sales, based on productive value; b. Residential land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent land sales, based on similar location attributes; c. Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; d. Crops based on current market value; e. Trees and other perennials based on current market value; and f. Other assets (i.e., income, cultural, aesthetic) based on replacement cost or the cost of mitigating measures. Rehabilitation means assistance provided to severely affected APs due to the loss of 10% or more of productive assets (i.e., farmland, fishpond, vegetable garden, etc.), incomes, employment or when sources of living such as shops and place of employment have to be reconstructed completely and/or relocated. The livelihood support may be given in cash or in kind or a combination of the two in order to improve, or at least achieve full restoration of living standards to pre-project levels. Resettlement refers to all measures taken by the Project proponents to mitigate any and all adverse social impacts of the Project on the APs, including compensation for lost assets and incomes, and the provision of other entitlements, income restoration assistance, and relocation as needed. Resettlement is significant where 200 or more people experience major impacts. Major impacts are defined as involving affected people being: (i) physically displaced from housing, and/or (ii) having 10% or more of their productive, income generating assets lost; and/or (iii) lose more than 40% of their residential structure. Affected people experiencing major impacts are referred to as severely affected APs.

3 Structures and structural losses refers to losses to constructed assets besides construction of the actual residence. Vulnerable Groups are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) households headed by women, the elderly or disabled, (ii) households living below the poverty threshold, (iii) the landless, and (iv) indigenous people and ethnic minorities.

4 Abbreviations ADB AP CAPP CHAS CPP DHUP DMS DPWT DRC EA FS GOL HH IA IEE IEM IOL LACF LACP LACR LFNC LWU M MPWT M&E NGPES OPWT PCU PIB PIU PNP PPME PPSC PRC Project PSC RCS ROW SES STWSP VEI VRC WASA WREA WSD Asian Development Bank affected person(s) Community Action and Participation Program Community Health Awareness Support Community Participation Plan Department of Housing and Urban Planning detailed measurement survey Department of Communication, Transport, Post and Construction District Resettlement Committee Executing Agency Feasibility Study Government of Lao PDR Household Implementing Agency Initial Environmental Examination Independent External Monitor Inventory of losses Land Acquisition and Compensation Framework Land Acquisition and Compensation Plan land acquisition, compensation and resettlement Lao Front for National Construction Lao Women s Union Meters Ministry of Communication, Transport, Post and Construction monitor and evaluation National Growth and Poverty Eradication Strategy Office of Communication, Transport, Post and Construction Project Coordination Unit public information booklet Project Implementation Unit Provincial Nam Papa program for project performance monitoring and evaluation Provincial Project Steering Committee Provincial Resettlement Committee Small Towns Water Supply and Sanitation Sector Project Project Steering Committee Replacement cost survey right-of-way Socioeconomic survey Small Towns Water Supply and Sanitation Sector Project Village Environmental Improvements Village Resettlement Committee Water Supply Authority Water Resources and Environment Authority Water Supply Division

5 TABLE OF CONTENTS Songkhone Subproject Plan... vii Executive Summary... viii 1 Introduction Subproject Description Subproject Eligibility Subproject Land Acquisition and Compensation Plan Scope of Land Acquisition and Resettlement Measures to Minimize Land Acquisition Inventory of Losses Water Supply System Drainage Improvements Severely Affected Persons Socio-Economic Profile Socio-Economic Profile of Subproject Area Socio-Economic Profile of Affected People Vulnerable APs AP Preferences and Concerns for Compensation and Resettlement Policy Framework and Entitlements...Error! Bookmark not defined. 4.1 Policy Framework...Error! Bookmark not defined. 4.2 Eligibility for Compensation and Other Assistance...Error! Bookmark not defined. 4.3 Voluntary Land Contribution...Error! Bookmark not defined. 4.4 Entitlement Matrix Information Disclosure, Consultation and Grievance Redress LACP Information Dissemination and Consultations Information Disclosure Grievance Redress Compensation, Relocation and Rehabilitation Strategies Voluntary Land Contributions Compensation Strategies Rehabilitation and Relocation Strategies Gender Strategies Due Diligence during the DMS Resettlement Costs Source of Resettlement Funds Compensation and Allowance Rates Resettlement Costs Institutional Arrangements Monitoring...34

6 9.1 Internal Monitoring for the Subproject External Monitoring of APs Implementation Schedule...35 Attachment 1: Songkhone Screening Form...36 Attachment 2: List of APs and Affected Assets...39 Attachment 3: Public Information Brochure...47

7 Songkhone Subproject Plan VIETNAM M.Kaysone SAVANNAKHET Proposed Water Treatment Plant with Capacity of 3,000m3/day Proposed Clear water Reservoir 150m 3 Proposed elevated reservoir 100m 3 Proposed Raw Water Transmission line PE DN 250mm; L= 3,500m THAILAND SONGKHONE M.Thapangthong SARAVANE SEKONG M.Lamarm M.Pakse M.Paksxong B.Lahakok Proposed Intake Pumping Station; Q= 3,200m3/d or 37 l/s ; TDH= 40m CHAMPASACK M.Samakkhixay ATTAPEU B.Bengkhamlai B.Lahanamtha Xe Banghiang KEY PLAN B.Lahanamthong Xe Banghiang CAMBODIA Proposed Treated Water Transmission line PE DN 200mm ; L= 6,100m LEGEND: 3 Proposed Elevated Reservoir 200m EXISTING: B.Kokphok B.Thakhamlian Existing road River or nam Stream, channel or houay B.Nakhamnon B.Lakmouang B.Nouanvilai See Sheet 2 Core Village boundary From Kaysone See Sheet 1 PROPOSED: Proposed Drainage Works B.Pakxong Xe Banghiang Water Supply Service Area Water treatment plant 3 Existing Elevated Reservoir 71m B.Sibounheuang B.Lattanalasy B.Namphay Road R13S B.Malaithong B.Nonfai B.Dongbang Reservoir Proposed Intake Pumping Station Core Village Village B.Thongsimouang To Pakse 1000m Km (2centimetre = 1kilometre) B.Nonkhanthong SMALL TOWNS WATER SUPPLY AND SANITATION SECTOR PROJECT TA LAO B.Nonggno WORK TITLE: SONGKHONE SUBPROJECT LOCATION PLAN OF PROPOSED SUBPROJECT SCALE : Not to Scale DATE: 11/Oct/2007 DWG.No DRAWN BY: PHONEPASIT.S CHECKED BY: PETER COOPER DESIGNED BY: SESANGOUANE.S APPROVED BY: PETER COOPER

8 Executive Summary The Small Towns Water Supply and Sanitation Project (STWSP or Project) provides financing to develop or rehabilitate water supply systems, improve sanitation conditions and carry out urban and village-level environmental improvements in about 11 small towns throughout Lao PDR. The expected impact of the Project is improved quality of life of small town residents in Lao PDR and enhanced role of the small towns as economic, market, services, and manufacturing centers for their surrounding rural areas. The expected outcome of the STWSP is improved access, quality and reliability of water supply and sanitation services in the Project towns. The Executing Agency (EA) for the STWSP is the Ministry of Public Works and Transport (MPWT), with responsibility delegated to a Project Coordination Unit (PCU) established within the Department of Housing and Urban Planning (DHUP). In Savannakhet Province, STWSP will construct a new water supply system to provide piped treated water to households living in 7 core villages in Cluster 1 and 5 core villages in Cluster 12. The subproject includes: a 3.5 km raw water transmission main to a water treatment plant; 31.7 km distribution and reticulation network; new PNP office; upgrading 600 m of secondary drains in Nuanvillai market and commercial area; financial and technical assistance for village environmental improvements in three core villages. According to STWSP policies, the land acquisition and resettlement impacts of the Songkhone subproject are not significant. Therefore the subproject is judged to be eligible for inclusion in the Project. The Songkhone Land Acquisition and Compensation Plan (RP) has been prepared in compliance with the STWSP policies and procedures including the STWSP Land Acqusition and Compensation Framework. Land Acquisition and Resettlement Impacts The following table summarizes the impacts of the water supply system on public and private land and other assets. Water System Component Summary of Land Acquisition for Songkhone Water Supply System Name of village Water intake Lahanam 400 Transmission main Water treatment plant, and service reservoir Lahanam Bengkhamlai Bengkhamlai 45,000 Permanent Land Temporary Land Acquisition Acquisition ROW Private Land Public Land Cement Slab Cement Slab Ground yard Area Length Area No. Area No. Area No. (m 2 ) (m 2 ) AHs (m 2 ) AHs (m 2 ) AHs 3, Service reservoir 2 Nuanvillai 900 Bengkhamlai Transmission main 3,500 Nuanvillai Distribution pipes Lahanam Thakhamlian Lahakhoke Nakhamnon Lakmeuang Salakham Thongmixai 8 2 Nuanvillai Latanalasy Pakxong Totals 46,300 7, Source: Songkhone IOL

9 Severely Affected APs There are no severely affected APs due to land acquisition for the Songkhone subproject. Information Dissemination and Consultations The following information dissemination and consultations activities have occurred as an integral part of the preparation of the RP. Songkhone RP Information Dissemination and Consultations Date Location Participants 30 Aug 07 Songkhone District Office 4 Sept 07 Songkhone District Office 5 Sept 07 Lahanam Village Chief s house Land Acquisition Costs Provincial PNP, District CTPC, and other staff Village leaders and some villagers Village leaders and some villagers No. of Participants Source: Songkhone IOL Consultations The estimated land acquisition costs are presented in the following table. Discussion / Responses / Outcomes Follow-Up Actions with Responsibility 18 Introduction to water supply component of the Songkhone subproject IOL schedule and procedures 50 Introduction to water supply component of the Songkhone subproject Introduction to and distribution of Project brochure Strategies to minimize land acquisition impacts Entitlement and compensation policies Voluntary contribution of land - policies Rehabilitation of the affected area 40 Introduction to water supply component of the Songkhone subproject Introduction to and distribution of Project brochure Strategies to minimize land acquisition impacts Entitlement and compensation policies Voluntary contribution of land - policies Rehabilitation of the affected area Songkhone Land Acquisition and Resettlement Costs I Item Crops and trees No. APs Quantity Unit Unit Cost (Kip) Cost (Kip) 1 Jack fruit, mango, longan 5 20 Trees 100,000 2,000,000 2 Banana Trees 10,000 1,000,000 II Structures 1 Cement slabs m 2 50,000 41,625,000 2 Wooden bridge across drain m 2 30,000 2,610,000 III Loss of business income 1 Small shop 43 2 Days 75,000 6,450,000 Cost (USD)

10 Item No. APs Quantity Unit Unit Cost (Kip) Cost (Kip) Cost (USD) 2 Medium shop 37 2 Days 125,000 9,250,000 3 Large shop 15 2 Days 150,000 4,500,000 Sub-total (I-III) 67,435,000 6, Operational/Administrative Cost (15% Sub-total) 10,115,250 1, Contingency (10% Sub-total) 6,743, Implementation Schedule Source: STWSP PPTA Team Total 84,293,750 8, The implementation schedule for the Songkhone subproject is presented in the following table. Songkhone RP Implementation Schedule Main RP Activities Prepare RP Implementation Schedule Detailed engineering studies and design Month 1 Recruit IEM Month 1 Conduct DMS and due diligence Month 3 Public meeting and consultations with APs on draft RP Month 3 Finalize updated RP and submit to PRC and DHUP for review and endorsement Month 4 WREA and ADB approval of RP Month 6 Implement RP Compensation payments Month 7 Implement rehabilitation measures Month 7 Clearance of acquired land Month 7 Award of civil works contract Month 8 External Monitoring PCU awards contract and mobilizes IEM Month 1 IEM participates in DMS and establishes AP socio-economic baseline Month 3 IEM conducts post-resettlement survey and final monitoring report Month 13 Source: STWSP PPTA Team

11 1 Introduction The Small Towns Water Supply and Sanitation Sector Project (STWSP or the Project) provides financing to develop or rehabilitate water supply systems, improve sanitation conditions and carry out urban and village-level environmental improvements in about 11 small towns throughout Lao PDR. The expected impact of the Project is improved quality of life of small town residents in Lao PDR and enhanced role of the small towns as economic, market, services and manufacturing centers for their surrounding rural areas. The expected outcome of the STWSP is improved access, quality and reliability of water supply and sanitation services in the Project towns. The Executing Agency (EA) for the STWSP is the Ministry of Public Works and Transport (MPWT), with responsibility delegated to a Project Coordination Unit (PCU) established within the Department of Housing and Urban Planning (DHUP). The Implementing Agencies are the Departments of Public Works and Transport (DPWT) in each of the provinces. 1.1 Subproject Description The STWSP in Songkhone includes sector strengthening, water supply system, drainage and sanitation improvements, community action and participation, and improved capacity for Project implementation and operation and maintenance. Water supply development will be the main component, and will account for almost 60% of the estimated base cost of the proposed subproject. To maximize benefits and ensure efficient use of limited financial resources, the subproject will focus on the core villages where population densities are highest Water Supply System A new water supply system will be constructed to supply water to 12 core villages in Clusters 1 and 12. Water will be taken from the Xe Banghieng River at Lahanam village and pumped through a 3.5 km raw water transmission main to the water treatment plant. The 3,000 m 3 /day water treatment plant will be built on public land in Bengkhamlian village. Water will be pumped from a 150 m 3 clear water reservoir at the treatment plant through about 6 km of dedicated transmission mains to a new 200 m 3 elevated reservoir near the district administration office and to the existing 71 m 3 elevated reservoir (which will be rehabilitated) for distribution to Cluster 1 villages. Water will also be pumped from the clear water reservoir to a 100 m 3 elevated reservoir at the water treatment plant site, which will serve as a backwash tank and supply the distribution network for the Cluster 12 villages. The distribution and reticulation network will include about 31.7 km of pipelines. A PNP office will be constructed in Pakxong village, while a workshop, store and laboratory will be constructed at the water treatment plant site. The subproject will provide PNP with tools and equipment for operating and maintaining the water supply system Drainage Improvements Drainage conditions in the Nuanvillai market and commercial area will be improved by upgrading 600 m of secondary drains. The subproject will provide OPWT with tools and equipment for operating and maintaining the drainage systems Village Environmental Improvements The 12 core villages will plan and develop Village Environmental Improvements (VEI) to upgrade household sanitation facilities and construct and maintain small-scale community improvements such as tertiary drains and footpaths. 1.2 Subproject Eligibility The policy of the STWSP is that a candidate subproject town is eligible for inclusion in the Project if, in addition to other criteria, the land acquisition and resettlement impacts are not significant. Based on data collected in the subproject area, the following summarizes the scope of anticipated land acquisition and resettlement impacts 1 : (i) The number of APs that will lose small amounts of land, structures and/or trees include: 1 A more detailed presentation is included in Section 2 below.

12 o A total of 259 households (1,504 people) have small areas of land that is used for residential and/or commercial purposes that will be affected temporarily during installation of transmission mains and distribution pipes households own their affected land, including 53 households in the Cluster 1 (Songkhone town) who have registered land titles and 129 households in the Cluster 12 who have land certificates (Form 01); and, - 77 households have temporary rights to use land in the road ROW, as allowed by the OPWT. o In total, 1,639 m2 of land area will be temporarily affected during the construction phase, including: - Nearly half of the AHs (124 AHs or 48%) have a total of m2 of affected land area that is occupied by portions of cement slabs they have constructed on the ground. The Project will compensate AHs for the replacement cost of the affected slabs. - The remainder (135 AHs or 52%) have a total of m2 of affected but undeveloped yard area. Following installation of water pipes, AHs will resume use of this land but will not build structures over the water pipes. o There are about 100 banana trees and 20 fruit trees that are affected in Lahanam village. The owners have requested no compensation; however, they want to clear out the trees and banana bushes themselves and receive payment from the Project for their labour. o A total of 95 AHs have businesses that will be disrupted for short periods (estimate: 2 days) during installation of water pipes. (ii) (iii) There are no severely affected AHs - no AHs will lose 10% or more of their productive land, income or other productive assets; and, none of the AHs will be required to relocate and rebuild houses and/or shops on new land. According to STWSP policies, the land acquisition and resettlement impacts of the subproject are not significant. Therefore the subproject is judged to be eligible for inclusion in the Project and a short RP has been prepared 2. The Songkhone Land Acquisition and Resettlement Screening Form is included in Attachment 1. It has been completed based on data collected during the inventory of losses (IOL). 1.3 Subproject Resettlement Plan The RP has been prepared in accordance with the agreed STWSP Resettlement Framework (RF). It includes the following sections: (i) (ii) (iii) Section II Scope of Land Acquisition and Resettlement: Summary of IOL findings on the numbers of APs and the type and extent of losses due to land acquisition for the water supply system and urban environmental improvements. Section III Socio-Economic Profiles: Summary of findings on the socio-economic conditions in the subproject area and among AHs. Section IV Policy Framework and Entitlement: Presentation of the legal and policy framework for land acquisition and resettlement under the STWSP; eligibility of APs for compensation and assistance; and, entitlement matrix for compensation and assistance. 2 The terminology of Decree 192 of the Government of the Lao PDR (GOL) has been adopted for the Project to facilitate harmonization between GOL and ADB requirements for land acquisition, compensation, rehabilitation and resettlement. Specifically, the RP complies with ADB requirements for a short resettlement plan for subprojects with non-significant land acquisition and resettlement impacts.

13 (iv) (v) (vi) (vii) (viii) (ix) Section V Information Disclosure, Consultations and Grievance Redress: Policies, procedures and subproject activities regarding disclosure of information to and consultation with APs, and grievance redress procedures. Section VI Compensation and Rehabilitation Strategies: Procedures for payment of compensation and allowances; and, strategies to assist APs with displaced shops to relocate and restore their businesses. Section VII Resettlement Costs: Procedures for financing and disbursement of funds for land acquisition and resettlement; summary of the costs for compensation and allowances, and administration of resettlement program. Section VIII Institutional Arrangements: Description of roles and responsibilities of provincial and district authorities for land acquisition and resettlement. Section IX Monitoring: Procedures for internal and external monitoring of resettlement activities. Section X Implementation: Schedules for activities to prepare and implement the RP and conduct external monitoring activities. 2 Scope of Land Acquisition and Resettlement 2.1 Measures to Minimize Land Acquisition The measures taken to minimize land acquisition required for the Songkhone subproject involve the use of public lands and road rights-of-way (ROWs), including: (i) (ii) (iii) (iv) (v) The water intake station is located on public land at the existing Lahanam Irrigation Pumping Station. The water treatment plant and the service reservoir are sited on vacant public land located at the former school site at Bengkhamlian village and another service reservoir is located at the District Military Office. The transmission mains are located in the ROWs of the Lahanam village and Lahanam- Pakxong roads. The distribution and reticulation pipes are located to the extent possible in the ROWs of village roads. The 600 meters of secondary drains to be rehabilitated in the Nuanvillai market and commercial area are located in road ROW. 2.2 Inventory of Losses The IOL for the Songkhone subproject was conducted based on the preliminary engineering for the proposed water supply system and rehabilitation of drainage in the market and commercial areas. The following summarizes the IOL and related procedures: (i) The dates of the IOL were 30 August 8 September (ii) (iii) The notification of affected households about the dates and procedures of the IOL included the preparation and distribution of a public information brochure and meetings with a) Savannakhet PNP and DPWT, district authorities and concerned district staff, b) village leaders in 12 villages at the District Office, and c) villagers at Lahanam village. The IOL team included the national consultants for the PPTA; and, the head of the Songkhone OPWT, the Head of Environmental Office and the deputy chief of each village participating with the team in their own village.

14 (iv) A total of 259 households were interviewed including all AHs that will have temporary losses due to affected residential and/or commercial land, disrupted businesses, loss of concrete slabs and/or loss of trees. The list of APs and their affected assets is included in Attachment Water Supply System Land Acquisition Requirements The following sections summarize the extent of land acquisition requirements and impacts for development of the water supply system. This includes: (i) (ii) (iii) (iv) (v) (vi) Public lands required to site and develop the water intake, treatment and storage facilities. ROWs used for siting the transmission and distribution pipes. Private lands that are affected by the siting and construction of transmission and distribution pipes. Affected structures, in particular cement slabs that people have constructed in front of their houses. Loss of trees on private land due to the siting of transmission and distribution pipes. Temporary disruption of businesses due to the siting and construction of transmission and distribution pipes. Water System Component Table 1: Summary of Land Acquisition for Water Supply System Name of village Water intake Lahanam 400 Transmission main Water treatment plant, and service reservoir Lahanam Bengkhamlai Bengkhamlai 45,000 Permanent Land Temporary Land Acquisition Acquisition ROW Private Land Public Land Cement Slab Cement Slab Ground yard Area Length Area No. Area No. Area No. (m 2 ) (m 2 ) AHs (m 2 ) AHs (m 2 ) AHs 3, Service reservoir 2 Nuanvillai 900 Bengkhamlai Transmission main 3,500 Nuanvillai Distribution pipes Lahanam Thakhamlian Lahakhoke Nakhamnon Lakmeuang Salakham Thongmixai 8 2 Nuanvillai Latanalasy Pakxong Totals 46,300 7, Source: Songkhone IOL, STWSP Public Land The public lands that are required by the water system component include: (i) The water intake station (400 m 2 ) will occupy vacant land that is a part of that Lahanam Irrigation Pumping Station under the management of the Lahanam Irrigation Project.

15 (ii) (iii) The water treatment plant, service reservoir, store and laboratory will occupy about 4.5 ha (300 m X 150 m) of vacant public land in Bengkhamlian village. The proposed site was formerly a school site. A second service reservoir will occupy 900 m 2 within the site of the District Military Office behind the Songkhone District Office. The use of this public land for the Project has been approved in writing by the district authority. A copy of the authorized land allocation paper for the Songkhone Subproject Purpose No. 80, dated 21/09/2007, signed by the Head of Governor s Office of Songkhone District, has also been submitted to PTTA on 21 September 2007 for acknowledgement Rights of Way To the extent possible, distribution and reticulation pipes will be located in road ROWs. In six villages in Cluster 1 where market and commercial activities are located, shop owners currently have permission from OTCPC to use portions of the adjacent road ROWs for loading and unloading, to park motorbikes and/or to store and display merchandise. In total, 69 AHs occupy 399 m 2 in the public ROWs that are affected by the Project; in most instances, AHs have constructed cement slabs in the public ROW. In the ROW, the water pipes will be buried in trenches with earth and finalized the filling it with grinded rocks with 8-10 centimeters thick on top to prevent the rest landing ground from dirt. All AHs have requested to have their slabs restored as they are at the moment. A few shop owners (see the database) prefer to do the digging and filling in the trench by themselves and get paid by the project with reasonable labor cost. Table 2: Summary of Affected Public ROW Village Name No. AHs ROW (Public Land) Length Area (m 2 ) Nakhamnon Lakmeuang Salakham Nuanvillai Latanalasy Pakxong Totals Source: Songkhone IOL, STWSP Private Land Notwithstanding the approach to locate water pipes in road ROWs, in many areas of the subproject there is insufficient land available to do this. Therefore, the pipes will be located under private land. This will temporarily affect households and disrupt businesses during construction. In total, 55 AHs have m 2 of cement slabs that will be affected; and, 135 AHs have a total of 807 m 2 of undeveloped yard area that will be affected. These affected land assets are located in 10 of the 12 core villages; there are no land acquisition requirements in the villages of Sokxai and Bengkhamlian (Cluster 12). All affected private land is used for residential and/or commercial purposes. The AHs have title to their land in the form of registered titles (generally in Cluster 1 villages) or Form 01 land certificates (Cluster 12 villages). The percentage of loss of individual APs is small, generally below 5% of the total area of the land holding. Table 3: Summary of Temporary Acquisition of Private Land Water System Subcomponent Village Private Land Cement Slab Ground Yard Area (m 2 ) No. AHs Area (m 2 ) No. AHs

16 Private Land Water System Subcomponent Village Cement Slab Ground Yard Area (m 2 ) No. AHs Area (m 2 ) No. AHs Transmission main Lahanam Distribution pipes Lahanam Thakhamlian Lahakhoke Nakhamnon 15 2 Lakmeuang 16 3 Salakham Thongmixai 8 2 Nuanvillai Latanalasy Pakxong Totals Source: Songkhone IOL, STWSP Affected Structures The only structures affected by the Songkhone subproject are the cement slabs that some APs have constructed in front of their houses. A total of 124 AHs have affected cement slabs including (i) 69 households that occupy land in the ROW with the permission of local authorities and (ii) 55 AHs that have cement slabs on affected private land. The total area of affected cement slabs is m 2. Table 4: Summary of Affected Structures Water supply component Village Name Cement Slabs Public Land (ROW) Private Land Area (m 2 ) No. AHs Area (m 2 ) No. AHs Transmission main Lahanam Distribution pipes Lahanam Thakhamlian Lahakhoke Nakhamnon Lakmeuang Salakham Thongmixai Nuanvillai Latanalasy Pakxong Totals Source: Songkhone IOL, STWSP Loss of Trees In Lahanam village, 5 households will lose 20 fruit trees (mango, longan and jackfruit); in addition, about 100 banana trees must be removed to permit installation of water pipes Temporary Disruption of Businesses A total of 95 shops located 7 core villages (Cluster 1) will be temporarily disrupted during construction of the water supply system; the average revenues of these businesses range from 50,000 Kip/day to over 150,000 Kip/day. During the construction, some AHs indicated they would close their shops completely and either take a short break to visit their friends or rearrange their shops. Other shop owners expressed an interest in being paid by the Project to dig and fill the trenches in order to minimize disruption and make money from the Project.

17 Table 5: Summary of Temporarily Affected Businesses Village Total AHs 50, ,000 Average Revenues (Kip/day) 100, ,000 Over 150,000 Nakhamnon Lakmeuang Salakham Thongmixai Nuanvillai Latanalasy Pakxong Totals Drainage Improvements Source: Songkhone IOL, STWSP As a result of the proposed upgrading of 600 m of secondary drains in the Nuanvillai market and commercial area, 13 households will have wooden bridges across the drains that will be temporarily affected by the construction of the drain; the total area of these bridges is 87 m Severely Affected Persons In the Songkhone subproject, there are no AHs that are severely affected. None of the affected households will (i) lose 10% or more of their productive land, income or other productive assets and/or (ii) must relocate and rebuild their house and/or shop on new land. 3 Socio-Economic Profile Socio-economic profiles have been prepared for the subproject area and for APs, including data on key indicators related to land acquisition and resettlement impacts. The sources of data on subproject conditions are the results of the social survey conducted during preparation of the subproject Feasibility Study (FS). The socio-economic conditions of APs were surveyed during the fieldwork for preparation of the RP. 3.1 Socio-Economic Profile of Subproject Area The Y2006 population of the 12 core villages is 13,387, or 16% of the district population. There are 2,564 households in the 2 core village clusters, or an average of 5.3 persons per household. Over 70% of the population is working age (15-64 years), resulting in a low dependency ratio (0.40). The average annual growth rate of the population is 2.5%. Table 6: Population Data, Songkhone Y2006 Population District Town Core Villages Male Female Total Male/ Female Ratio Households Total Aver. Size 1 Nuanvillai , Pakxong , Sulakham Nakhamnon Lakmeuang , Thongmixai , Latanalasy , Sub-total - Cluster 1 3,705 3,746 7, , Sokxai Lahanam 1,179 1,209 2,

18 10 Bengkhamlian Lahakhoke , Thakhamlian , Sub-total - Cluster 12 2,913 3,013 5, , Totals 6,618 6,759 13, , Source: Songkhone Reconnaissance Survey, STWSP Nearly three-quarters (73.5%) of people living in Cluster 1 villages are ethnic Lao, Phoutay and other Tai-Kadai groups; the proportion is lower in Cluster 12 villages (48.1%). The remainder and the majority of people in Cluster 12 villages are Katang and other Mon-Khmer ethnic groups. Agriculture and rice cultivation are the principal economic activities and sources of household income in the district. Most households do not have irrigated rice land and water shortages are a constraint on agricultural production; on average, however, people sell 10-20% of their annual crop. Small businesses are secondary sources of income for many households. In addition, an estimated 11,000 people or 20% of the working age population in the district migrate for relatively long periods to work in Thailand. As observed during site visits to the town, most housing in Cluster 1 villages consists of permanent structures; the proportion of semi-permanent structures is higher in Cluster 12 villages. Grid electricity is available throughout the district town villages. The level of poverty is very low in the district town, at an overall rate of 0.8% of households. Informants estimate a total of about 400 poor households in the districts, with 1-2 households per village. This is true in core villages with the exception of Lahanam (Cluster 12) where there are 14 poor households (2.9% of total). 3.2 Socio-Economic Profile of Affected People Summary of Socio-Economic Conditions During the IOL, basic data were collected about each of the AP households. A total of 10 out of 12 core villages (2 Phoutay villages and 8 Lao villages) will be directly and temporarily affected by the Project during the construction. There is a total of 259 households with the population of 1,504 (825 men and 678 women). The average size of the AP households is 6 persons; 32% of AP households are headed by women. The high proportion of women who head households occurs because (i) in a few cases they are divorced or widows but (ii) mostly because they are so economically active in their business activities the registered business are under their names. Table 7: Summary of Household Heads and Ethnic Groups AP Households HH Heads Main Village Name No. Average Ethnic No. HH No. Men Male Female Women Size Group Nakhamnon Lao Lakmeuang Lao Salakham Lao Thongmixai Lao Nuanvillai Lao Latanalasy Lao Pakxong Lao Lahanam Lao Thakhamlian Phoutay Lahakhoke Phoutay Totals Source: Songkhone IOL, STWSP Among the 259 AP households, 227 household heads are married, 20 are divorced, 4 are widows, and 4 are single. Household heads who are farmers represent 48% of AHs (125 AHs); they tend to

19 live in Lahanam, Lahakhoke, and Thakhamlian (Cluster 12 villages). Household heads who are selfemployed or engaged in business also represent 48% of AHs (125 AHs); they are market vendors or own retail shops, garages and repair shops, restaurants or other related electronic repair services. The remainder (9 APs) work as government employees (teachers, doctors). Table 8: Summary of Marital Status and Occupations of AP Household Heads Village Name Marital Status Occupation Married Divorced Widow Single Farmer Business Govt. Staff Nakhamnon Lakmeuang Salakham Thongmixai Nuanvillai Latanalasy Pakxong Lahanam Thakhamlian Lahakhoke Totals Source: Songkhone IOL, STWSP The findings from IOL show that 100% of both men and women in AP households speak and read Lao. Among the 1,504 people in AP households, 37% are economically people (556 people). Men account for 52% of economically active people. Table 9: Summary of Economically Active APs Village Name Economically active Men Women Nakhamnon 7 7 Lakmeuang Salakham Thongmixai 2 2 Nuanvillai Latanalasy Pakxong Lahanam Thakhamlian Lahakhoke Totals Source: Songkhone IOL, STWSP The principal sources of household income are farming and/or commercial activities (self-employed market vendors, business owners, etc.) The majority of households (150 AHs or 58%) have monthly incomes in the range of 1 million to 3 million Kip. Households with incomes between 3 million and 5 million Kip per month represent 20% of AHs (52 households); 17% of households (42 AHs) have monthly incomes less than 1 million Kip; and, 8% of households (21 AHs) have monthly incomes greater than 5 million Kip. None of the AP households is designated as poor by district authorities.

20 Village Name Table 10: Summary of Household Incomes and Sources (Number of AHs) <1 million Monthly Incomes (Kip) 1-3 million 3-5 million Income Sources >5 million Farming Business Government Nakhamnon Lakmeuang Salakham Thongmixai Nuanvillai Latanalasy Pakxong Lahanam Thakhamlian Lahakhoke Totals Source: Songkhone IOL, STWSP Existing Water Supply and Sanitation Conditions As the STWSP deals with water supply and sanitation, data were collected from AHs to determine their current situation as well as their interest and willingness to pay for water supply. Among the 10 core villages where there are households affected by land acquisition, the access to water in both the dry and wet seasons is as follows: (i) in 3 villages in Cluster 12 and 3 villages in Cluster 1, households have connections to an existing piped PNP system; and, (ii) in the remaining core villages, households rely on private wells that are normally operated with electric pumps. All AP households have had water-seal pit latrines for many years. This is common for households living in Songkhone. Table 11: Summary of Water Supply Systems Village Nakhamnon Lakmeuang Salakham Thongmixai Nuanvillai Latanalasy Pakxong Lahanam Thakhamlian Lahakhoke System (Wet & Dry Season) Well Well PNP Well PNP Well PNP PNP PNP PNP Source: Songkhone IOL, STWSP Interest and Willingness to Connect to PNP System All 259 AP households expressed interest in connecting to the new PNP water system that will be developed. Their interest stems from considerations of (i) access to reliable water supplies throughout the year, (ii) treated water supply and, in the case of households that rely on wells, (iii) piped water supply with house connections. When asked about the amount and timing of PNP connection fees, the majority of AHs (over 200 AHs or 86%) are willing to pay at least 1 million Kip or more. Another 14% can afford connection fees of less than 1 million Kip; most of these AHs live in Cluster 12 villages. About 42% (108 AHs) would like to pay this fee in installments over 3 months; connection fees or 36 AHs are willing to connect and pay for connection with less than 1,000,000 Kip, 92 AHs will pay 1,000,000 Kip, and

21 130 AHs will pay more than 1,000,000 Kip. 38% would like to pay in installments over longer periods (6-9 months). The ability of AHs to pay for monthly water use varies among and within the core villages. Overall, slightly more than one-third of households estimate they can afford to pay 30,000-40,000 Kip per month. One-third of AHs are willing to spend 50,000 Kip and the remaining third estimates monthly costs of more than 50,000 Kip. Villages Table 11: Summary of Affordability and Willingness to Pay (Number of AHs) Amount (Kip) PNP Connection Fee Payment Schedule (No. of months) Monthly User Fees (Kip) <1 million 1 million >1 million ,000 40,000 50,000 >50,000 Nakhamnon Lakmeuang Salakham Thongmixai Nuanvillai Latanalasy Pakxong Lahanam Thakhamlian Lahakhoke Totals Source: Songkhone IOL, STWSP 3.3 Vulnerable APs Overall, there are no poor or minority ethnic AHs in the Songkhone subproject. Although about onethird of AP households are headed by women, many of these women own businesses and none of their households are designated as poor. 3.4 AP Preferences and Concerns for Compensation and Resettlement APs all received and understood entitlement and compensation policies described in the Public Information Brochure (PIB); the PIB was discussed at several public meetings and distributed to meeting participants and to APs during household interviews. During the household interviews, APs were asked their preferences for compensation; the following will be confirmed during the DMS: (i) (ii) (iii) (iv) AP households with affected land will temporarily lose access/use of this land during the installation of water pipes. While they expressed willingness to contribute the land voluntarily, they will in fact retain ownership/use rights. They have agreed to limit the future use of this portion of their land to facilitate maintenance of the water supply system, for example, by not placing any permanent structures or planting trees. AP households with affected cement slabs wish to be able to restore the existing conditions following installation of the water pipes. This will be achieved by a) paying cash compensation at replacement cost and arranging with AHs that they rebuild the affected portion with cement blocks that can be more easily removed for maintenance of the water supply system. AP households are eligible for cash compensation at replacement cost for affected trees. Alternatively, AHs suggested they would prefer to be paid at local wage rates to cut/remove the trees on condition that they could harvest the wood (e.g., to use for firewood). Some APs would like to be paid at local wage rates to dig and fill the water pipe trenches in front of their property, particularly where the water pipe will be located close to existing business or other structures. This would enable them to minimize any damage to these

22 structures, as well as earn some income during a period when their business activities may be disrupted. 4 Legal Framework and Entitlements 4.1 Legal Framework The policy framework and entitlements in this RP have been built upon the laws of the Government of Lao PDR, principally the Constitution (1991) and the Land Law (1997, 2003), the Road Law (1999), Decree 192/PM on Compensation and Resettlement (July 2005), the Regulations for Implementing Decree 192/PM and Technical Guidelines for Compensation and Resettlement of People Affected by Development Projects (November 2005), Asian Development Bank (ADB) Policy on Involuntary Resettlement (1995), and Government approved RPs for other ADB projects Lao PDR Laws and Regulations The Constitution (1991) provides the following relevant articles: Article 14. The State protects and promotes all forms of state, collective, and individual ownership. Article 15. Land in Lao PDR is owned by the national community. The State ensures the right to use, transfer, and inherit it in accordance with the law. Article 8. Establishes the right of all ethnic groups to protect, preserve and promote their customs and heritage. All acts of division and discrimination among ethnic groups are prohibited. The 1997 Land Law (No. 01/97) is the principal legislation by which the State exercises its constitutional responsibility for the management, preservation, and use of land. In relation to Project resettlement, this law allows for expropriation of land by the state when this is in the public interest. Importantly, the Land Law requires the land user to be compensated, and this compensation is determined by an inter-agency committee. The articles of particular importance to resettlement are summarized below: (i) Article 5 - provides for protection of the rights of efficient, regular and long-term land users. (ii) Article 43 rights to use of land can be achieved through delegation by the state, inheritance of through transfer of rights. (iii) Article 54 termination of land use rights can be affected by voluntary liberation of rights by possessor, or through expropriation by the state for use of the land in the interests of the public. (iv) Article 61 when land is required to be expropriated by the government for use in the public interest, the relevant authorities are required to compensate the land use possessor for their losses. (v) Article 62 determination of assessed losses should be undertaken by a committee comprising representatives of all concerned agencies. Land Law (No. 04/NA) of 21 October 2003, supersedes the previous Land Law (1997), which outlines land definitions, land titles and the responsible authorities that vary for each category of land use or administration. The Law makes some reference to the compensation entitlement for land in Article but not to structures. The Land Law provides the issuance of a Land Title, which attests provisional ownership rights to use agricultural as well as forestland (Articles and 21-22). Land titling is being undertaken under the AusAid/World Bank project in a number of towns. Under this project Land Titles and Land Survey Certificates are issued. In places where Land Titling has not been done

23 yet, most APs will only have Land Use Rights Certificates (Form 01), Land Tax Payment Receipts and/or Residency Certificates. Form 01 are certificates of land use for taxation and are considered evidence of land use but not as legal title. For agricultural and forest land the District Agricultural and Forestry Extension Office (DAFEO) issues Temporary Use Certificates. People without proof of ownership and/or certificates are considered unregistered users. These users differ from illegal users. In case of acquisition, APs who hold the above documents but also those who are granted customary land use rights 3 or are considered unregistered users since before the cut-off date, receive compensation under the Land Law. The Road Law (1999) requires reasonable compensation to the owner whose land will be acquired for the right-of-way (ROW), relocation and replacement structures and loss of trees and crops (Article 19). In the Decree and ADB regulations it is stated that privately owned land or land under permitted land use within the agreed ROW used for road construction will be expropriated, and the owner will receive reasonable compensation. However, in Laos it often is the case that structures and even part of housing are constructed within the ROW after the ROW has been announced. In this case in the Project compensation will be restricted for loss of materials of structures, repair costs and loss of trees. While both the Land Law and the Road Law ensure compensation for legal owners of properties under acquisition, they do not guarantee either replacement value of the acquired properties or restoration of income, or indeed provide for compensation to nonlegal (but not illegal) users. The Decree 192/PM on Compensation and Resettlement (July 2005) rectifies key areas of the Land and Road Laws which would prevent informal land users from any eligibility, and also sets a clear definition of the reasonable compensation mentioned in the Land and Road Laws and determines these as replacement cost. It supplements the Land and Road Laws in than it provides processes and mechanisms for acquiring and removal of structures and not just land and for determining entitlement, with community participation. Along with the decree s Regulation on Implementation (November 2005) and Technical Guidelines (November 2005), it provides a comprehensive framework on resettlement planning in Lao PDR. The Decree recognizes the rights of vulnerable groups (i.e. households headed by women, disabled, elderly or very poor) and ethnic groups ADB Policy on Involuntary Resettlement The objectives of ADB s Policy on Involuntary Resettlement (1995), are to avoid involuntary resettlement whenever feasible, to minimize resettlement where population displacement is unavoidable, and to ensure that displaced persons receive assistance so they are at least as well-off as they would have been in the absence of the Project. The policy stipulates three important elements in involuntary resettlement: (i) compensation for lost assets and loss of livelihood and income, (ii) assistance in relocation including provision of relocation sites with appropriate facilities and services, and (iii) assistance with rehabilitation so as to achieve at least the same level of well-being with the Project as before. The policy further specifies that the absence of legal title (Form 01) to land cannot be considered an obstacle to compensation and rehabilitation privileges. All persons affected by the Project, especially the poor, landless, vulnerable, and disadvantaged households should be included in the compensation, transition allowance, and rehabilitation package. The recent changes in the Government of Lao PDR legislation related to compensation and resettlement in development represents a significant improvement in the rights of citizens when their livelihoods, possessions and society are affected by development projects. 3 These certificates are issued at the District level.